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My husband passed away 5 months ago, I have a 4-year old girl child. When I was claiming death benef


26-Feb-2023 (In Insurance Law)
My husband passed away 5 months ago, I have a 4-year old girl child. When I was claiming death benefits from his office, my mother-in-law has also sent a claim to the office saying that she is a legal heir. My husband has nominated his mother for life time benefits before our marriage and it remained unchanged. Gratuity he made me as a nominee after marriage and the rest of them he missed to change. 1. Nomination before marriage will still be considered? I have a small kid and I wanted to know. 2. As a result of two nominations, my husband's employer has asked me and my mother-in-law to get a Succession Certificate or any valid affidavit on how much percentage of benefits to be given to me and my mother-in-law. Office benefits are Provident Fund(no nominee on EPFO Portal), Gratuity (I am the nominee), Group Term Insurance from Employer, EDLI from PF Department (no nominee). Can you please help me on how much percentage must be given to my mother-in-law in all these benefits?
Answers (1)

Answer #1
737 votes
a nominee cannot claim the full assets of an estate as they are only a trustee. the legal heirs of your late husband are his mother, his wife and his children. In the absence of a valid will made by your husband, his mother is entitled to a one-third share of the benefits and you and your daughter are entitled to the remaining two-thirds. In respect of the Provident Fund and EDLI, since there was no nomination made, the benefits would be split in the ratio of one-third to your mother-in-law and two-thirds to you and your daughter. In respect of the Gratuity and Group Term Insurance, since you are the nominee, you would be entitled to the entire amount. You may have to approach the relevant authorities to get the benefits disbursed in the above mentioned ratio.
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